December 31, 2015

COMMENTARY: A few thoughts as the year ends and some suggesions for next year.

DECISIONS: There are no decisions from the Third Department this week but seven new cases have been added to the Third Department's January hearing calendar.



Contact The Insider at:    TheInsider@InsideWorkersCompNY.com                                                                         212-734-9450


John Clennan & David W. Faber

January 14, 2010: Congratulations are in order to John Clennan and David W. Faber who exemplify the high quality of legal representation in the workers compensation community in the State of New York.

While there are just over 10,000 administrative law judge decisions appealed every year in which workers compensation attorneys argue the merits of their respective sides, it is at the Appellate Court and Court of Appeals that major issues are argued and cases decided.

As the “Fiercest” Attorney of the Year, John Clennan (Ronkonkoma) presented prevailing arguments, all on behalf of injured workers, which resulted in the most cases in which the Appellate Court disagreed with the original Workers Compensation Board’s rulings and either reversed the Board’s original decision or returned it to the Board for a proper review of the evidence.

In the Matter of Hayes v Nassau County Police Dept issued February 19, 2009 Clennan successfully argued that the Board’s finding of voluntary withdrawal was based on incorrect conclusions for which reason the Court remanded the case back to the Board for a proper review.

In the Matter of Tipping v Orthopedic Surgeons issued December 3, 2009 Clennan’s arguments convinced the Appellate Court to reverse the Board’s decision and to agree with Clennan that the claimant did in fact sustain an occupational disease.

In the Matter of Carlucci v Omnibus Print issued December 10, 2009, the Appellate Court agreed with Clennan that the Boardss determination as to the degree of permanent partial disability was defective and returned it to the Board for a proper review of the medical evidence and guidelines.

And an Honorable Mention to Robert E. Grey of counsel to Grey & Grey (Farmingdale) on behalf of injured workers.

As the “Winningest” Attorney of the Year, David W. Faber of counsel to Cherry, Edson & Kelly (Hempstead) presented prevailing arguments in six cases during the calendar year 2009.

In the five cases in which Faber prevailed, two with co-counsel, the issues were causal relationship (the Matter of Bradley v US Airways), voluntary withdrawal (the Matter of Magerko v Edwin B. Stimpson Co), further causally related disability (the Matter of Benjamin v Sprint/Nextel), Due Process (the Matter of Porcelli v Pma Assoc), and hearing loss (the Matter of Hutchinson v Lansing Conduit).

And an Honorable Mention to Robert E. Grey of counsel to Grey & Grey (Farmingdale) and John Clennan (Ronkonkoma) on behalf of injured workers, and to Louis R. Salvo of Weiss, Wexler & Wornow, P.C.,(New York City) and Patrick M. Conroy of counsel to Greenblatt, Manning & Baez (Syosset) on behalf of insurers and employers.

This is not in any way take away from the excellent work done by the 64 other attorneys who also presented prevailing arguments in a wide range of cases, representing claimants, carriers, employers, and various state agencies.

John Clennan and David Faber will be sent, in recognition of their meritorious service, Certificates (click here to see both) and a $10 gift certificate to Starbucks.